HB 7167

1	A bill to be entitled
2	An act relating to growth management; amending s.
3	163.3164, F.S.; revising a definition; amending s.
4	163.3177, F.S.; correcting a cross-reference; amending s.
5	163.3180, F.S.; revising concurrency requirements and
6	procedures; providing sanctions; amending ss. 163.3184 and
7	339.2819, F.S.; correcting cross-references; amending s.
8	163.3247, F.S.; providing a requirement on the makeup of
9	the Century Commission for a Sustainable Florida; amending
10	s. 339.55, F.S.; deleting an annual appropriation from the
11	State Transportation Trust Fund for State Infrastructure
12	Bank purposes; amending s. 380.06, F.S.; revising certain
13	statutory exemption provisions for developments of
14	regional impact; amending s. 1013.65, F.S.; revising
15	provisions relating to sources of appropriations to the
16	Public Education Capital Outlay and Debt Service Trust
17	Fund to delete an annual appropriation to the Classroom
18	for Kids Program; amending s. 1013.738, F.S.; revising the
19	eligibility criteria for the High Growth District Capital
20	Outlay Assistance Grant Program; revising provisions for
21	allocation of funds; providing calculations; amending s.
22	27, ch. 2005-290, Laws of Florida; revising an
23	appropriation from the State Transportation Trust Fund for
24	Florida Strategic Intermodal System purposes; providing an
25	effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Subsection (32) of section 163.3164, Florida
30	Statutes, is amended to read:
31	163.3164  Local Government Comprehensive Planning and Land
32	Development Regulation Act; definitions.--As used in this act:
33	(32)  "Financial feasibility" means that sufficient
34	revenues are currently available or will be available from
35	committed funding sources for the first 3 years, or will be
36	available from committed or planned funding sources for years 4
37	and 5, of a 5-year capital improvement schedule for financing
38	capital improvements, such as ad valorem taxes, bonds, state and
39	federal funds, tax revenues, impact fees, and developer
40	contributions, which are adequate to fund the projected costs of
41	the capital improvements identified in the comprehensive plan
42	necessary to ensure that adopted level-of-service standards are
43	achieved and maintained within the period covered by the 5-year
44	schedule of capital improvements. The requirement that level-of-
45	service standards be achieved and maintained shall not apply if
46	the proportionate fair-share mitigation proportionate-share
47	process set forth in s. 163.3180(12) and (16) is used.
48	Section 2.  Paragraph (c) of subsection (13) of section
49	163.3177, Florida Statutes, is amended to read:
50	163.3177  Required and optional elements of comprehensive
51	plan; studies and surveys.--
52	(13)  Local governments are encouraged to develop a
53	community vision that provides for sustainable growth,
54	recognizes its fiscal constraints, and protects its natural
55	resources. At the request of a local government, the applicable
56	regional planning council shall provide assistance in the
57	development of a community vision.
58	(c)  As part of the workshops and public meetings, the
59	local government must discuss strategies for addressing the
60	topics discussed under paragraph (b), including:
61	1.  Strategies to preserve open space and environmentally
62	sensitive lands, and to encourage a healthy agricultural
63	economy, including innovative planning and development
64	strategies, such as the transfer of development rights;
65	2.  Incentives for mixed-use development, including
66	increased height and intensity standards for buildings that
67	provide residential use in combination with office or commercial
68	space;
69	3.  Incentives for workforce housing;
70	4.  Designation of an urban service boundary pursuant to
71	subsection (14) (2); and
72	5.  Strategies to provide mobility within the community and
73	to protect the Strategic Intermodal System, including the
74	development of a transportation corridor management plan under
75	s. 337.273.
76	Section 3.  Paragraph (c) of subsection (2), paragraph (f)
77	of subsection (5), subsection (7), paragraphs (e) and (f) of
78	subsection (13), and paragraphs (a), (b), (c), (e), and (f) of
79	subsection (16) of section 163.3180, Florida Statutes, are
80	amended to read:
81	163.3180  Concurrency.--
82	(2)
83	(c)  Consistent with the public welfare, and except as
84	otherwise provided in this section, transportation facilities
85	needed to serve new development shall be in place or under
86	actual construction or programmed for construction to commence
87	in the Department of Transportation's work program or the local
88	government's schedule of capital improvements within 3 years
89	after the local government approves a building permit or its
90	functional equivalent that results in traffic generation.
91	(5)
92	(f)  Prior to the designation of a concurrency exception
93	area, the Department of Transportation shall be consulted by the
94	local government to assess the impact that the proposed
95	exception area is expected to have on the adopted level-of-
96	service standards established for Strategic Intermodal System
97	facilities, as defined in s. 339.64, and roadway facilities
98	funded in accordance with s. 339.2819. Further, the local
99	government shall, in cooperation with the Department of
100	Transportation, develop a plan to mitigate any impacts to the
101	Strategic Intermodal System, including, if appropriate, the
102	development of a long-term concurrency management system
103	pursuant to subsection (9) and s. 163.3177(3)(d). The exceptions
104	may be available only within the specific geographic area of the
105	jurisdiction designated in the plan. Pursuant to s. 163.3184,
106	any affected person may challenge a plan amendment establishing
107	these guidelines and the areas within which an exception could
108	be granted. By October 1, 2006, the Department of
109	Transportation, after publicly noticed workshops, shall publish
110	and distribute to local governments a policy guideline
111	containing criteria and options to assist local governments in
112	planning to assess and mitigate the impacts of a proposed
113	concurrency exception area as described in this paragraph.
114	(7)  In order to promote infill development and
115	redevelopment, one or more transportation concurrency management
116	areas may be designated in a local government comprehensive
117	plan. A transportation concurrency management area must be a
118	compact geographic area with an existing network of roads where
119	multiple, viable alternative travel paths or modes are available
120	for common trips. A local government may establish an areawide
121	level-of-service standard for such a transportation concurrency
122	management area based upon an analysis that provides for a
123	justification for the areawide level of service, how urban
124	infill development or redevelopment will be promoted, and how
125	mobility will be accomplished within the transportation
126	concurrency management area. Prior to the designation of a
127	concurrency management area, the Department of Transportation
128	shall be consulted by the local government to assess the impact
129	that the proposed concurrency management area is expected to
130	have on the adopted level-of-service standards established for
131	Strategic Intermodal System facilities, as defined in s. 339.64,
132	and roadway facilities funded in accordance with s. 339.2819.
133	Further, the local government shall, in cooperation with the
134	Department of Transportation, develop a plan to mitigate any
135	impacts to the Strategic Intermodal System, including, if
136	appropriate, the development of a long-term concurrency
137	management system pursuant to subsection (9) and s.
138	163.3177(3)(d). Transportation concurrency management areas
139	existing prior to July 1, 2005, shall meet, at a minimum, the
140	provisions of this section by July 1, 2006, or at the time of
141	the comprehensive plan update pursuant to the evaluation and
142	appraisal report, whichever occurs last. The state land planning
143	agency shall amend chapter 9J-5, Florida Administrative Code, to
144	be consistent with this subsection. By October 1, 2006, the
145	Department of Transportation, after publicly noticed workshops,
146	shall publish and distribute to local governments a policy
147	guideline containing criteria and options to assist local
148	governments in planning to assess and mitigate the impacts of a
149	proposed concurrency management area as described in this
150	paragraph.
151	(13)  School concurrency shall be established on a
152	districtwide basis and shall include all public schools in the
153	district and all portions of the district, whether located in a
154	municipality or an unincorporated area unless exempt from the
155	public school facilities element pursuant to s. 163.3177(12).
156	The application of school concurrency to development shall be
157	based upon the adopted comprehensive plan, as amended. All local
158	governments within a county, except as provided in paragraph
159	(f), shall adopt and transmit to the state land planning agency
160	the necessary plan amendments, along with the interlocal
161	agreement, for a compliance review pursuant to s. 163.3184(7)
162	and (8). The minimum requirements for school concurrency are the
163	following:
164	(e)  Availability standard.--Consistent with the public
165	welfare, a local government may not deny an application for site
166	plan, final subdivision approval, or the functional equivalent
167	for a development or phase of a development authorizing
168	residential development for failure to achieve and maintain the
169	level-of-service standard for public school capacity in a local
170	school concurrency management system where adequate school
171	facilities will be in place or under actual construction within
172	3 years after the issuance of final subdivision or site plan
173	approval, or the functional equivalent. School concurrency shall
174	be satisfied if the developer executes a legally binding
175	commitment to provide proportionate fair-share mitigation
176	proportionate to the demand for public school facilities to be
177	created by actual development of the property, including, but
178	not limited to, the options described in subparagraph 1. Options
179	for proportionate fair-share proportionate-share mitigation of
180	impacts on public school facilities shall be established in the
181	public school facilities element and the interlocal agreement
182	pursuant to s. 163.31777.
183	1.  Appropriate proportionate fair-share mitigation options
184	include the contribution of land; the construction, expansion,
185	or payment for land acquisition or construction of a public
186	school facility; or the creation of mitigation banking based on
187	the construction of a public school facility in exchange for the
188	right to sell capacity credits. Such options must include
189	execution by the applicant and the local government of a binding
190	development agreement that constitutes a legally binding
191	commitment to pay proportionate fair-share proportionate-share
192	mitigation for the additional residential units approved by the
193	local government in a development order and actually developed
194	on the property, taking into account residential density allowed
195	on the property prior to the plan amendment that increased
196	overall residential density. The district school board shall be
197	a party to such an agreement. As a condition of its entry into
198	such a development agreement, the local government may require
199	the landowner to agree to continuing renewal of the agreement
200	upon its expiration.
201	2.  If the education facilities plan and the public
202	educational facilities element authorize a contribution of land;
203	the construction, expansion, or payment for land acquisition; or
204	the construction or expansion of a public school facility, or a
205	portion thereof, as proportionate fair-share proportionate-share
206	mitigation, the local government shall credit such a
207	contribution, construction, expansion, or payment toward any
208	other impact fee or exaction imposed by local ordinance for the
209	same need, on a dollar-for-dollar basis at fair market value.
210	3.  Any proportionate fair-share proportionate-share
211	mitigation must be directed by the school board toward a school
212	capacity improvement identified in a financially feasible 5-year
213	district work plan and which satisfies the demands created by
214	that development in accordance with a binding developer's
215	agreement.
216	4.  This paragraph does not limit the authority of a local
217	government to deny a development permit or its functional
218	equivalent pursuant to its home rule regulatory powers, except
219	as provided in this part.
220	(f)  Intergovernmental coordination.--
221	1.  When establishing concurrency requirements for public
222	schools, a local government shall satisfy the requirements for
223	intergovernmental coordination set forth in s. 163.3177(6)(h)1.
224	and 2., except that a municipality is not required to be a
225	signatory to the interlocal agreement required by ss.
226	163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
227	imposition of school concurrency, and as a nonsignatory, shall
228	not participate in the adopted local school concurrency system,
229	if the municipality meets all of the following criteria for
230	having no significant impact on school attendance:
231	a.  The municipality has issued development orders for
232	fewer than 50 residential dwelling units during the preceding 5
233	years, or the municipality has generated fewer than 25
234	additional public school students during the preceding 5 years.
235	b.  The municipality has not annexed new land during the
236	preceding 5 years in land use categories which permit
237	residential uses that will affect school attendance rates.
238	c.  The municipality has no public schools located within
239	its boundaries.
240	d.  At least 80 percent of the developable land within the
241	boundaries of the municipality has been built upon.
242	2.  A municipality which qualifies as having no significant
243	impact on school attendance pursuant to the criteria of
244	subparagraph 1. must review and determine at the time of its
245	evaluation and appraisal report pursuant to s. 163.3191 whether
246	it continues to meet the criteria pursuant to s. 163.31777(6).
247	If the municipality determines that it no longer meets the
248	criteria, it must adopt appropriate school concurrency goals,
249	objectives, and policies in its plan amendments based on the
250	evaluation and appraisal report, and enter into the existing
251	interlocal agreement required by ss. 163.3177(6)(h)2. and
252	163.31777, in order to fully participate in the school
253	concurrency system. If such a municipality fails to do so, it
254	will be subject to the enforcement provisions of s. 163.3191.
255	(16)  It is the intent of the Legislature to provide a
256	method by which the impacts of development on transportation
257	facilities can be mitigated by the cooperative efforts of the
258	public and private sectors. The methodology used to calculate
259	proportionate fair-share mitigation under this section shall be
260	as provided for in subsection (12).
261	(a)  By December 1, 2006, each local government shall adopt
262	by ordinance a methodology for assessing proportionate fair-
263	share mitigation options. A local government that fails to adopt
264	a methodology for assessing proportionate fair-share mitigation
265	options by December 1, 2006, shall be subject to the sanctions
266	described in s. 163.3184(11)(a) imposed by the Administration
267	Commission. By December 1, 2005, the Department of
268	Transportation shall develop a model transportation concurrency
269	management ordinance with methodologies for assessing
270	proportionate fair-share mitigation options.
271	(b)1.  In its transportation concurrency management system,
272	a local government shall, by December 1, 2006, include
273	methodologies that will be applied to calculate proportionate
274	fair-share mitigation. A local government that fails to include
275	such methodologies by December 1, 2006, shall be subject to the
276	sanctions described in s. 163.3184(11)(a) imposed by the
277	Administration Commission. A developer may choose to satisfy all
278	transportation concurrency requirements by contributing or
279	paying proportionate fair-share mitigation if transportation
280	facilities or facility segments identified as mitigation for
281	traffic impacts are specifically identified for funding in the
282	5-year schedule of capital improvements in the capital
283	improvements element of the local plan or the long-term
284	concurrency management system or if such contributions or
285	payments to such facilities or segments are reflected in the 5-
286	year schedule of capital improvements in the next regularly
287	scheduled update of the capital improvements element. Updates to
288	the 5-year capital improvements element which reflect
289	proportionate fair-share contributions may not be found not in
290	compliance based on ss. 163.3164(32) 163.164(32) and 163.3177(3)
291	if additional contributions, payments or funding sources are
292	reasonably anticipated during a period not to exceed 10 years to
293	fully mitigate impacts on the transportation facilities.
294	2.  Proportionate fair-share mitigation shall be applied as
295	a credit against impact fees to the extent that all or a portion
296	of the proportionate fair-share mitigation is used to address
297	the same capital infrastructure improvements contemplated by the
298	local government's impact fee ordinance.
299	(c)  Proportionate fair-share mitigation includes, without
300	limitation, separately or collectively, private funds,
301	contributions of land, and construction and contribution of
302	facilities and may include public funds as determined by the
303	local government. The fair market value of the proportionate
304	fair-share mitigation shall not differ based on the form of
305	mitigation. A local government may not require a development to
306	pay more than its proportionate fair-share mitigation
307	contribution regardless of the method of mitigation.
308	(e)  Mitigation for development impacts to facilities on
309	the Strategic Intermodal System made pursuant to this subsection
310	requires the concurrence of the Department of Transportation.
311	The department has 60 days from the date of submission by the
312	applicable local government to concur or withhold concurrence
313	with the mitigation of development impacts to facilities on the
314	Strategic Intermodal System. If the department does not respond
315	within the 60-day period, the department is deemed to have
316	concurred with the mitigation.
317	(f)  If In the event the funds in an adopted 5-year capital
318	improvements element are insufficient to fully fund construction
319	of a transportation improvement required by the local
320	government's concurrency management system, a local government
321	and a developer may still enter into a binding proportionate
322	fair-share mitigation proportionate-share agreement authorizing
323	the developer to construct that amount of development on which
324	the proportionate fair-share mitigation proportionate share is
325	calculated if the proportionate fair-share mitigation
326	proportionate-share amount in such agreement is sufficient to
327	pay for one or more improvements which will, in the opinion of
328	the governmental entity or entities maintaining the
329	transportation facilities, significantly benefit the impacted
330	transportation system. The improvement or improvements funded by
331	the proportionate fair-share mitigation proportionate-share
332	component must be adopted into the 5-year capital improvements
333	schedule of the comprehensive plan at the next annual capital
334	improvements element update.
335	Section 4.  Subsection (17) of section 163.3184, Florida
336	Statutes, is amended to read:
337	163.3184  Process for adoption of comprehensive plan or
338	plan amendment.--
339	(17)  A local government that has adopted a community
340	vision and urban service boundary under s. 163.3177(13)
341	163.31773(13) and (14) may adopt a plan amendment related to map
342	amendments solely to property within an urban service boundary
343	in the manner described in subsections (1), (2), (7), (14),
344	(15), and (16) and s. 163.3187(1)(c)1.d. and e., 2., and 3.,
345	such that state and regional agency review is eliminated. The
346	department may not issue an objections, recommendations, and
347	comments report on proposed plan amendments or a notice of
348	intent on adopted plan amendments; however, affected persons, as
349	defined by paragraph (1)(a), may file a petition for
350	administrative review pursuant to the requirements of s.
351	163.3187(3)(a) to challenge the compliance of an adopted plan
352	amendment. This subsection does not apply to any amendment
353	within an area of critical state concern, to any amendment that
354	increases residential densities allowable in high-hazard coastal
355	areas as defined in s. 163.3178(2)(h), or to a text change to
356	the goals, policies, or objectives of the local government's
357	comprehensive plan. Amendments submitted under this subsection
358	are exempt from the limitation on the frequency of plan
359	amendments in s. 163.3187.
360	Section 5.  Paragraph (a) of subsection (3) of section
361	163.3247, Florida Statutes, is amended to read:
362	163.3247  Century Commission for a Sustainable Florida.--
363	(3)  CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA;
364	CREATION; ORGANIZATION.--The Century Commission for a
365	Sustainable Florida is created as a standing body to help the
366	citizens of this state envision and plan their collective future
367	with an eye towards both 25-year and 50-year horizons.
368	(a)  The commission shall consist of 15 members, 5
369	appointed by the Governor, 5 appointed by the President of the
370	Senate, and 5 appointed by the Speaker of the House of
371	Representatives. Appointments shall be made no later than
372	October 1, 2005. The membership must represent local
373	governments, school boards, developers and homebuilders, the
374	business community, the agriculture community, the environmental
375	community, and other appropriate stakeholders. The membership
376	shall reflect the demographic makeup of the state. One member
377	shall be designated by the Governor as chair of the commission.
378	Any vacancy that occurs on the commission must be filled in the
379	same manner as the original appointment and shall be for the
380	unexpired term of that commission seat. Members shall serve 4-
381	year terms, except that, initially, to provide for staggered
382	terms, the Governor, the President of the Senate, and the
383	Speaker of the House of Representatives shall each appoint one
384	member to serve a 2-year term, two members to serve 3-year
385	terms, and two members to serve 4-year terms. All subsequent
386	appointments shall be for 4-year terms. An appointee may not
387	serve more than 6 years.
388	Section 6.  Paragraph (a) of subsection (4) of section
389	339.2819, Florida Statutes, is amended to read:
390	339.2819  Transportation Regional Incentive Program.--
391	(4)(a)  Projects to be funded with Transportation Regional
392	Incentive Program funds shall, at a minimum:
393	1.  Support those transportation facilities that serve
394	national, statewide, or regional functions and function as an
395	integrated regional transportation system.
396	2.  Be identified in the capital improvements element of a
397	comprehensive plan that has been determined to be in compliance
398	with part II of chapter 163, after July 1, 2005, or to implement
399	a long-term concurrency management system adopted by a local
400	government in accordance with s. 163.3180(9) 163.3177(9).
401	Further, the project shall be in compliance with local
402	government comprehensive plan policies relative to corridor
403	management.
404	3.  Be consistent with the Strategic Intermodal System Plan
405	developed under s. 339.64.
406	4.  Have a commitment for local, regional, or private
407	financial matching funds as a percentage of the overall project
408	cost.
409	Section 7.  Subsection (10) of section 339.55, Florida
410	Statutes, is amended to read:
411	339.55  State-funded infrastructure bank.--
412	(10)  Funds paid into the State Transportation Trust Fund
413	pursuant to s. 201.15(1)(d) for the purposes of the State
414	Infrastructure Bank are hereby annually appropriated for
415	expenditure to support that program.
416	Section 8.  Paragraphs (l), (m), and (n) of subsection (24)
417	of section 380.06, Florida Statutes, are amended to read:
418	380.06  Developments of regional impact.--
419	(24)  STATUTORY EXEMPTIONS.--
420	(l)  Any proposed development within an urban service
421	boundary established under s. 163.3177(14) is exempt from the
422	provisions of this section if the local government having
423	jurisdiction over the area where the development is proposed has
424	adopted the urban service boundary and has entered into a
425	binding agreement with adjacent jurisdictions and the Department
426	of Transportation regarding the mitigation of impacts on state
427	and regional transportation facilities, and has adopted a
428	proportionate fair-share mitigation share methodology pursuant
429	to s. 163.3180(16).
430	(m)  Any proposed development within a rural land
431	stewardship area created under s. 163.3177(11)(d) is exempt from
432	the provisions of this section if the local government that has
433	adopted the rural land stewardship area has entered into a
434	binding agreement with jurisdictions that would be impacted and
435	the Department of Transportation regarding the mitigation of
436	impacts on state and regional transportation facilities, and has
437	adopted a proportionate fair-share mitigation share methodology
438	pursuant to s. 163.3180(16).
439	(n)  Any proposed development or redevelopment within an
440	area designated as an urban infill and redevelopment area under
441	s. 163.2517 is exempt from the provisions of this section if the
442	local government has entered into a binding agreement with
443	jurisdictions that would be impacted and the Department of
444	Transportation regarding the mitigation of impacts on state and
445	regional transportation facilities, and has adopted a
446	proportionate fair-share mitigation share methodology pursuant
447	to s. 163.3180(16).
448	Section 9.  Paragraph (a) of subsection (2) of section
449	1013.65, Florida Statutes, is amended to read:
450	1013.65  Educational and ancillary plant construction
451	funds; Public Education Capital Outlay and Debt Service Trust
452	Fund; allocation of funds.--
453	(2)(a)  The Public Education Capital Outlay and Debt
454	Service Trust Fund shall be comprised of the following sources,
455	which are hereby appropriated to the trust fund:
456	1.  Proceeds, premiums, and accrued interest from the sale
457	of public education bonds and that portion of the revenues
458	accruing from the gross receipts tax as provided by s. 9(a)(2),
459	Art. XII of the State Constitution, as amended, interest on
460	investments, and federal interest subsidies.
461	2.  General revenue funds appropriated to the fund for
462	educational capital outlay purposes.
463	3.  All capital outlay funds previously appropriated and
464	certified forward pursuant to s. 216.301.
465	4.a.  Funds paid pursuant to s. 201.15(1)(d).
466	b.  The sum of $41.75 million of such funds shall be
467	appropriated annually for expenditure to fund the Classrooms for
468	Kids Program created in s. 1013.735 and shall be distributed as
469	provided by that section.
470	Section 10.  Subsections (2) and (3) of section 1013.738,
471	Florida Statutes, are amended to read:
472	1013.738  High Growth District Capital Outlay Assistance
473	Grant Program.--
474	(2)  In order to qualify for a grant, a school district
475	must meet the following criteria:
476	(a)  The district must have levied the full 2 mills of
477	nonvoted discretionary capital outlay millage authorized in s.
478	1011.71(2) for each of the past 3 4 fiscal years or currently
479	receive an amount from the school capital outlay surtax
480	authorized in s. 212.055(6) that, when added to the nonvoted
481	discretionary capital outlay millage collected, equals the
482	amount that would be generated if the full 2 mills of nonvoted
483	discretionary capital outlay millage had been collected over the
484	past 3 fiscal years.
485	(b)  The district must receive, in the current fiscal year,
486	revenue from the collection of an impact fee specifically for
487	schools and revenue from the collection of one of the following:
488	1.  A local government infrastructure sales surtax
489	authorized in s. 212.055(2) in which a portion is dedicated for
490	the construction of schools in the current fiscal year.
491	2.  A school capital outlay surtax authorized in s.
492	212.055(6). If the school capital outlay surtax is used to meet
493	the conditions of paragraph (a), the amount of the school
494	capital outlay surtax collected must be in excess of the amount
495	in paragraph (a).
496	3.  A local bond referendum as authorized in ss. 1010.40-
497	1010.55. Fifty percent of the revenue derived from the 2-mill
498	nonvoted discretionary capital outlay millage for the past 4
499	fiscal years, when divided by the district's growth in capital
500	outlay FTE students over this period, produces a value that is
501	less than the average cost per student station calculated
502	pursuant to s. 1013.72(2), and weighted by statewide growth in
503	capital outlay FTE students in elementary, middle, and high
504	schools for the past 4 fiscal years.
505	(c)  The district must have equaled or exceeded three times
506	twice the statewide average of growth in capital outlay FTE
507	students over this same 3-year 4-year period.
508	(d)  The district must not have received an appropriation
509	from the special facilities construction program in the current
510	fiscal year. The Commissioner of Education must have released
511	all funds allocated to the district from the Classrooms First
512	Program authorized in s. 1013.68, and these funds were fully
513	expended by the district as of February 1 of the current fiscal
514	year.
515	(e)  The total capital outlay FTE students of the district
516	is greater than 15,000 students.
517	(3)  The funds provided in the General Appropriations Act
518	shall be allocated pursuant to the following methodology:
519	(a)  Each eligible district school board shall receive an
520	amount from the Public Education Capital Outlay and Debt Service
521	Trust Fund to be calculated by computing the capital outlay
522	full-time equivalent membership as determined by the department.
523	Such membership must include, but is not limited to:
524	1.  K-12 students, except hospital and homebound part-time
525	students; and
526	2.  Students who are career education students and adult
527	disabled students and who are enrolled in school district career
528	centers. For each eligible district, the Department of Education
529	shall calculate the value of 50 percent of the revenue derived
530	from the 2-mill nonvoted discretionary capital outlay millage
531	for the past 4 fiscal years divided by the increase in capital
532	outlay FTE students for the same period.
533	(b)  The capital outlay full-time equivalent membership
534	shall be determined for kindergarten through grade 12 and for
535	career centers by averaging the unweighted full-time equivalent
536	membership for the second and third surveys and comparing the
537	results on a school-by-school basis with the Florida Inventory
538	for School Houses. The capital outlay full-time equivalent
539	membership by grade-level organization shall be used in making
540	the following calculation: the capital outlay full-time
541	equivalent membership by grade-level organization for the prior
542	year must be used to compute the growth over the highest of the
543	3 years preceding the prior year. The Department of Education
544	shall determine, for each eligible district, the amount that
545	must be added to the value calculated pursuant to paragraph (a)
546	to produce the weighted average value per student station
547	calculated pursuant to paragraph (2)(b).
548	(c)  The total amount appropriated by the Legislature
549	pursuant to this subsection shall be allocated among the growth
550	capital outlay full-time equivalent membership. The allocation
551	shall be prorated to the districts based upon each district's
552	percentage of growth capital outlay full-time equivalent
553	membership. The most recent 4-year capital outlay full-time
554	equivalent membership data shall be used in each subsequent
555	year's calculation for the allocation of funds pursuant to this
556	subsection. If a change, correction, or recomputation of data
557	during any year results in a reduction or increase of the
558	calculated amount previously allocated to a district, the
559	allocation to that district shall be adjusted correspondingly.
560	If such recomputation results in an increase or decrease of the
561	calculated amount, such additional or reduced amounts shall be
562	added to or reduced from the district's future appropriations.
563	However, no change, correction, or recomputation of data shall
564	be made subsequent to 2 years following the initial annual
565	allocation. The value calculated for each eligible district
566	pursuant to paragraph (b) shall be multiplied by the average
567	increase in capital outlay FTE students for the past 4 fiscal
568	years to determine the maximum amount of a grant that may be
569	awarded to a district pursuant to this section.
570	(d)  In the event the funds provided in the General
571	Appropriations Act are insufficient to fully fund the maximum
572	grants calculated pursuant to paragraph (c), the Department of
573	Education shall allocate the funds based on each district's
574	prorated share of the total maximum award amount calculated for
575	all eligible districts.
576	Section 11.  Paragraph (a) of subsection (2) of section 27
577	of chapter 2005-290, Laws of Florida, is amended to read:
578	Section 27.
579	(2)  The following appropriations are made for the 2005-
580	2006 fiscal year only on a nonrecurring basis:
581	(a)  From the State Transportation Trust Fund in the
582	Department of Transportation:
583	1.  One hundred seventy-five Two hundred million dollars
584	for the purposes specified in sections 339.61, 339.62, 339.63,
585	and 339.64, Florida Statutes.
586	2.  Two hundred seventy-five million dollars for the
587	purposes specified in section 339.2819, Florida Statutes.
588	3.  One hundred million dollars for the purposes specified
589	in section 339.55, Florida Statutes.
590	4.  Twenty-five million for the purposes specified in
591	section 339.2817, Florida Statutes.
592	Section 12.  This act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.